Supreme Court of the United States · Official docket →
Walter P. Reed v. United States
Paid petition · United States Court of Appeals for the Fifth Circuit, No. 17-30296 · judgment November 5, 2018
Before the decision, modestly above the 4.1% base rate. The model weighted this up for a Fifth Circuit decision below and a circuit split argued in the petition.
Questions presented
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Whether Petitioner was denied due process by the “lack of notice” of (1) the federal prosecutors’ hindsight interpretation of the phrase “unrelated to the campaign or the holding of public office” contained in the State Campaign Finance statute and (2) an objective and consistent legal standard to adjudge his conduct.
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Whether when federal mail or wire fraud charges concern conduct in an area heavily regulated by state law, evidence concerning the custom and practice under applicable state law may be excluded on the ground that the charges are federal.
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Whether a twenty-year (1994-2014) criminal forfeiture under Title 28 U.S.C. §2461(c) and §981: (a) should be limited to the time period after the 2005 amendments to 28 U.S.C. §2461(c) (USA Patriot Act) because there was no statutory basis for a criminal forfeiture for the mail and wire fraud charged in the Indictment or alternatively (b) the forfeiture should be limited by the five-year statute of limitations applicable to the underlying wire and mail fraud counts.
Counsel of record
For petitioner
Richard T. Simmons Jr.
Hailey, McNamara, Hall, Larmann & Papale
For respondent
Noel John Francisco
Jones Day
Case
Subject area
Criminal Procedure (estimated from the questions presented, in the Supreme Court Database’s categories)
Conference history
Distributed for 1 conference
Related
Vide, 18-9001
Order
Order list, May 28, 2019 · Certiorari denied
Proceedings
- May 28 2019Petition DENIED.
- May 07 2019DISTRIBUTED for Conference of 5/23/2019.
- Apr 30 2019Waiver of right of respondent United States of America to respond filed.
- Apr 22 2019Petition for a writ of certiorari filed. (Response due May 24, 2019)